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Showing results for tags 'requested earlier effective date'.
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requested earlier effective date Denied Higher Level Review
Gracie2012 posted a topic in Denial Letters
i submitted the following for a higher level review to request an earlier effective date, but was denied. Any suggestions I’m service connected at 20% for my shoulder. I submitted a disagreement with the rating decision dated 12/16/2020 with the effective date of my service-connected shoulder rotator cuff that is currently 06/08/2020. The rating decision included my request under evidence (Correspondence, conducted December 8, 2020), which was my request for an effective date change to my original submission on or about Oct 2006. The Department of Veterans Affairs changed the effective date to Jun 8, 2020, however there is no explanation why my request for an earlier date (on or about Oct 2006) based on new evidence was not addressed. 38 CFR states a retroactive evaluation of disability resulting from injury subsequently service connected based on the new evidence from the service department and must be supported adequately by medical evidence. New medical evidence (MRI) was submitted, and service connection was confirmed based on that new evidence. Additionally, documentation errors in my medical records (04/ 1999, 09/17/1999) while on active duty shows injury to my left shoulder when in fact it was my right shoulder. I requested a records correction through the VA to amend my records to reflect my right shoulder injury. This evidence was not previously part of the actual record before agency adjudicators in 2007 or subsequent reviews. In accordance with 38 CFR 3.156 C, I’m requesting the effective date of my right shoulder service-connected disability be changed to the date of my original submission on or about Oct 2006 . In my opinion the new evidence raises a reasonable doubt, andthe decision should be resolved in my favor. Furthermore, the date of my right shoulder injury should be back dated to my original service-connected disability submission (Oct 2006) and any pay be retroactive if my overall rating changed in that period to present. I believe this request should be considered due to the possibility the VA C&P exam failed to property diagnose my shoulder injury during my C&P 11/2006. Additionally, if an MRI were performed at that time it is likely the damage would have been shown. I also submitted my original claim well within the 1-year time frame from my exit from the service.